Prasenjit Mandal, J. - (1.) CHALLENGE is to the Order No. 178 dated July 2, 2007 passed by the learned Civil Judge (Senior Division), 2nd Court, Howrah in Title Suit No. 27 of 2000 with Title Suit No. 97 of 1997 thereby disposing of an application under Sections 17(2) & (2A) of the West Bengal Premises Tenancy Act, 1956. The plaintiff / petitioner herein instituted a suit being Title Suit No. 127 of 1997 before the learned Civil Judge (Junior Division), 4th Court, Howrah for eviction, mesne profits and other reliefs against the opposite party on the ground of default, reasonable requirement, etc. in respect of the suit premises as described in the schedule of the plaint. On transfer, the said suit was re -numbered as Title Suit No. 27 of 2000.
(2.) THE opposite party herein instituted a suit being Title Suit No. 97 of 1997 for specific performance of contract of sale of immovable property, that is, in respect of the selfsame premises in suit. Two suits are being analogously heard before the learned Civil Judge (Senior Division), 2nd Court at Howrah. While disposing an application under Sections 17(2) & (2A) of the West Bengal Premises Tenancy Act, 1956, the learned Trial Judge has observed that the defendant / opposite party herein is a tenant in respect of the suit premises at rental of Rs. 40/ - per month and she is a defaulter in payment of rent from April 1993 to April 1997 and the rate of rent is Rs. 40/ - per month payable according to English Calendar Month. Accordingly, he has calculated total arrears of rent as Rs. 1,920/ -and after calculation of the statutory interest, the total amount to be payable by the defendant to the plaintiff -landlord is to the tune of Rs. 2,099/ -. The learned Trial Judge has also directed the defendant to pay such amount by 11 monthly instalments commencing from August 2007.
(3.) BEING aggrieved by such findings of the impugned order, the landlord -plaintiff has preferred this revisional application.;